H-0363.3

HOUSE BILL 1191

ByRepresentatives Goodman and Frame

AN ACT Relating to school notifications; amending RCW 28A.320.128, 9A.44.138, 13.04.155, 13.40.215, 28A.225.330, and 72.09.730; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.195 RCW; and adding a new section to chapter 28A.710 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:

(1) A school district superintendent, or his or her designee, or a principal of a school who receives information pursuant to RCW 28A.225.330, 9A.44.138, 13.04.155, 13.40.215, or 72.09.730 shall comply with the notification provisions described in this section.

(2) Upon receipt of information described in subsection (1) of this section, a school district superintendent, or his or her designee, must provide the information to the principal of the school that the student, whom the information is about, was, or will be, enrolled in.

(3)(a) Upon receipt of information about a sex offense as defined in RCW 9.94A.030, the principal must comply with the notification requirements in RCW 9A.44.138.

(b) Upon receipt of information about a violent offense as defined in RCW 9.94A.030, or a school disciplinary action, the principal has discretion to share the information with a staff member if, in the principal's judgment, the information is necessary for:

(i) The staff member to supervise the student;

(ii) The staff member to provide or refer the student to therapeutic or behavioral health services; or

(iii) Security purposes.

(4) Any information received by school district staff under this section is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994 (20 U.S.C. Sec. 1232g et seq.).

NEW SECTION.  Sec. 2. A new section is added to chapter 28A.195 RCW to read as follows:

The administrator of a private school approved under this chapter must comply with the notification provisions of section 1 of this act that apply to administrators and principals.

NEW SECTION.  Sec. 3. A new section is added to chapter 28A.710 RCW to read as follows:

The administrator of a charter public school governed by this chapter must comply with the notification provisions of section 1 of this act that apply to administrators and principals.

Sec. 4. RCW 28A.320.128 and 2002 c 206 s 1 are each amended to read as follows:

(1) By September 1, ((2003))2019, each school district board of directors shall adopt a policy that addresses the following issues:

(a) Procedures for providing notice of threats of violence or harm to the student or school employee who is the subject of the threat. The policy shall define "threats of violence or harm"; and

(b) Procedures for ((disclosing information that is provided to the school administrators about a student's conduct, including but not limited to the student's prior disciplinary records, official juvenile court records, and history of violence, to classroom teachers, school staff, and school security who, in the judgment of the principal, should be notified ; and

(c) Procedures for determining whether or not any threats or conduct established in the policy may be grounds for suspension or expulsion of the student))complying with the notification provisions in section 1 of this act.

(2) The ((superintendent of public instruction))Washington state school directors' association, in consultation with educators and representatives of law enforcement, classified staff, and organizations with expertise in violence prevention and intervention, shall adopt, and revise as necessary, a model policy that includes the issues listed in subsection (1) of this section ((by January 1, 2003)). The model policy shall be posted on the superintendent of public instruction's web site. The school districts, in drafting their own policies, shall review the model policy.

(3) School districts, school district boards of directors, school officials, and school employees providing notice in good faith as required and consistent with the board's policies adopted under this section are immune from any liability arising out of such notification.

(4) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021.

Sec. 5. RCW 9A.44.138 and 2011 c 337 s 4 are each amended to read as follows:

(1) Upon receiving notice from a registered person pursuant to RCW 9A.44.130 that the person will be attending a school enrolling students in grades kindergarten through twelve or an institution of higher education, or will be employed with an institution of higher education, the sheriff must promptly notify the administrator of the school ((district and the school principal)) or institution(('s department)) of ((public safety and shall provide that school or department with)) the person's: (a) Name and any aliases used; (b) complete residential address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) social security number; (h) photograph; and (i) risk level classification.

(2) ((A principal or department))Except as provided in subsection (3) of this section, an administrator receiving notice under this ((subsection))section must disclose the information received from the sheriff as follows:

(a) If the student is classified as a risk level II or III, the ((principal))administrator shall provide the information received to every teacher of the student and to any other personnel who, in the judgment of the ((principal))administrator, supervises the student or for security purposes should be aware of the student's record;

(b) If the student is classified as a risk level I, the ((principal or department))administrator shall provide the information received only to personnel who, in the judgment of the ((principal or department))administrator, for security purposes should be aware of the student's record.

(3) When the administrator is the administrator of a school district, the administrator must disclose the information to the principal of the school that the registered person will be attending, whether the school is a common school as defined in RCW 28A.150.020 or a school that is the subject of a state-tribal education compact under chapter 28A.715 RCW. The principal must then disclose the information as provided in subsection (2) of this section.

(4) The sheriff shall notify the applicable ((school district and school principal or institution's department of public safety))administrator whenever a student's risk level classification is changed or the sheriff is notified of a change in the student's address.

(((4)))(5) Any information received by school or institution personnel under this ((subsection))section is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.

Sec. 6. RCW 13.04.155 and 2000 c 27 s 1 are each amended to read as follows:

(1) ((Whenever a minor enrolled in any common school is))The provisions of this section apply only to persons who:

(a) Were adjudicated in juvenile court or convicted in adult criminal court((, or adjudicated or entered into a diversion agreement with the juvenile court on any)) of ((the following offenses, the court must notify the principal of the student's school of the disposition of the case, after first notifying the parent or legal guardian that such notification will be made:

(a)))a violent offense ((as defined in RCW 9.94A.030;

(b) A))or sex offense as defined in RCW 9.94A.030;

(((c) Inhaling toxic fumes under chapter 9.47A RCW;

(2) The principal must provide the information received under subsection (1) of this section to every teacher of any student who qualifies under subsection (1) of this section and any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record. The principal must provide the information to teachers and other personnel based on any written records that the principal maintains or receives from a juvenile court administrator or a law enforcement agency regarding the student.))